Nagpur: The Nagpur district and sessions court on Saturday declined disqualified Congress MLA Sunil Kedar’s plea to stay his conviction, suspension of his jail term and bail after being convicted in the Rs 150 crore Nagpur District Central Cooperative Bank (NDCCB) scam.
Rejecting Kedar’s application, district and additional sessions judge, Justice RS Patil-Bhosale said, “It would send a wrong message to the society if bail is granted to such an accused as the scam involved Rs 150 crore of hard-earned money of the poor farmers and common man.” Kedar was the bank’s chairman when the scam took place in 2002.
A magisterial court here had on December 22 convicted Kedar and five others including NDCCB ex-general manager Ashok Chaudhary, stockbroker Ketan Seth, Giltage management services manager Amit Verma, senior vice-president of Home Trade Securities Subodh Bhandari and Director of Home Trade Securities Nandkishor Trivedi.
All the six were convicted and sentenced to undergo five-year rigorous imprisonment under Indian Penal Code sections 406 (criminal breach of trust), 409 (criminal breach of trust by public servant), 468 (forgery for purpose of cheating), 471 (whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document), 120(b) (criminal conspiracy) and 34 (common intention). They were also fined Rs12.5 lakh each. Five others, convicted along with Kedar, had filed separate bail applications. The court would decide on these applications on January 2.
Kedar was shifted to Nagpur Central Jail on December 28 late evening after being declared medically fit and discharged from Government Medical College and Hospital. He was admitted to GMCH following complaints of chest pain and acute migraine soon after being convicted by the magisterial court.
Justice RS Patil-Bhosale took three days to hear the submissions by all the six accused and special public prosecutor who opposed them.
Kedar had moved the district and sessions court for triple relief following his conviction to get his membership to the Maharashtra legislative assembly restored. He represented Saoner assembly constituency in Nagpur district. The state legislature secretariat disqualified him as a member of the lower house from the date of his conviction under provisions of Article 19 (1) (e) of the Constitution of India and Section 8 of the Representation of the People Act, 1951.
Kedar’s counsel Devendra Chavan said they would move the Nagpur bench of Bombay high court against the sessions court verdict. Special public prosecutor Ajay Misar and district government pleader Nitin Telgote represented the state.
The court said it was Kedar’s responsibility, as NDCCB chairman, to safeguard the depositors’ money “but he played a key role in appointing five investment companies and allocating funds running into crores of rupees to them”.
Citing the Supreme Court ruling in Ravikant Patil Vs Sarvabhouma S Bagali case, the sessions court order noted, “An order granting stay of conviction is not the rule but an exception to be restored to in the rare cases depending on the facts of a case,” before rejecting Kedar’s application.
The court also noted that Kedar approached the high court before filing the appeal in sessions court to decline him a stay on the trial court’s order.
“The sessions court also observed on Saturday that the lower court’s verdict was based on documentary evidence and a strong message regarding how strict the court is in such cases should go out. If the accused is released on bail or his sentence is suspended, it will send a wrong message to the society,” district government pleader Nitin Telgote quoted Justice RS Patil-Bhosale as saying.
“When there is such strong evidence, there is prima facie no need to re-evaluate the lower court’s decision today. Hence, it would not be appropriate to grant any relief at this moment,” the judge noted.
Rejecting Kedar’s application, district and additional sessions judge, Justice RS Patil-Bhosale said, “It would send a wrong message to the society if bail is granted to such an accused as the scam involved Rs 150 crore of hard-earned money of the poor farmers and common man.” Kedar was the bank’s chairman when the scam took place in 2002.
A magisterial court here had on December 22 convicted Kedar and five others including NDCCB ex-general manager Ashok Chaudhary, stockbroker Ketan Seth, Giltage management services manager Amit Verma, senior vice-president of Home Trade Securities Subodh Bhandari and Director of Home Trade Securities Nandkishor Trivedi.
All the six were convicted and sentenced to undergo five-year rigorous imprisonment under Indian Penal Code sections 406 (criminal breach of trust), 409 (criminal breach of trust by public servant), 468 (forgery for purpose of cheating), 471 (whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document), 120(b) (criminal conspiracy) and 34 (common intention). They were also fined Rs12.5 lakh each. Five others, convicted along with Kedar, had filed separate bail applications. The court would decide on these applications on January 2.
Kedar was shifted to Nagpur Central Jail on December 28 late evening after being declared medically fit and discharged from Government Medical College and Hospital. He was admitted to GMCH following complaints of chest pain and acute migraine soon after being convicted by the magisterial court.
Justice RS Patil-Bhosale took three days to hear the submissions by all the six accused and special public prosecutor who opposed them.
Kedar had moved the district and sessions court for triple relief following his conviction to get his membership to the Maharashtra legislative assembly restored. He represented Saoner assembly constituency in Nagpur district. The state legislature secretariat disqualified him as a member of the lower house from the date of his conviction under provisions of Article 19 (1) (e) of the Constitution of India and Section 8 of the Representation of the People Act, 1951.
Kedar’s counsel Devendra Chavan said they would move the Nagpur bench of Bombay high court against the sessions court verdict. Special public prosecutor Ajay Misar and district government pleader Nitin Telgote represented the state.
The court said it was Kedar’s responsibility, as NDCCB chairman, to safeguard the depositors’ money “but he played a key role in appointing five investment companies and allocating funds running into crores of rupees to them”.
Citing the Supreme Court ruling in Ravikant Patil Vs Sarvabhouma S Bagali case, the sessions court order noted, “An order granting stay of conviction is not the rule but an exception to be restored to in the rare cases depending on the facts of a case,” before rejecting Kedar’s application.
The court also noted that Kedar approached the high court before filing the appeal in sessions court to decline him a stay on the trial court’s order.
“The sessions court also observed on Saturday that the lower court’s verdict was based on documentary evidence and a strong message regarding how strict the court is in such cases should go out. If the accused is released on bail or his sentence is suspended, it will send a wrong message to the society,” district government pleader Nitin Telgote quoted Justice RS Patil-Bhosale as saying.
“When there is such strong evidence, there is prima facie no need to re-evaluate the lower court’s decision today. Hence, it would not be appropriate to grant any relief at this moment,” the judge noted.